DIVORCE DENIED?

Can Your Divorce Be Denied in Michigan?

When spouses realize it might be time for a divorce, the situation can feel overwhelming. Many decisions must be made about dividing property, splitting debt, and determining which spouse will move out. The process can become even more challenging if your divorce is denied in Michigan. At Marke Gilbert and Associates, we assist couples divorcing in Michigan in understanding if their divorce can be denied and how to move forward.

Understanding Fault vs. No-Fault States

It's crucial for Michigan couples to understand how divorce is managed in their state. Some states are fault states, where individuals can claim which spouse is responsible for ending the marriage by proving wrongdoing, such as infidelity or abuse. In these cases, fault can influence how a court decides on matters like property division and alimony. Conversely, Michigan is a no-fault state, meaning couples don't have to prove who's responsible for the marriage's end; they can simply cite irreconcilable differences as the grounds for divorce. Sometimes, the court will need to verify these differences, which can be demonstrated in various ways. For instance, if a couple has lived apart for at least six months, many courts see this as evidence of irreconcilable differences. 

In Michigan, being a no-fault state means courts do not consider any wrongdoings by either spouse to determine eligibility for divorce. One spouse can simply state that the couple had differences, which suffices to start the divorce process. Since Michigan is a no-fault state, only one spouse needs to request the divorce. Even if a spouse disagrees with the divorce, this will not halt proceedings, and the divorce can still be finalized. Thus, Michigan cannot deny a divorce because both spouses don't agree or one is found at fault. 

Can My Divorce Be Denied?

Michigan typically will not deny your divorce; however, your case may be dismissed under certain conditions. If a spouse refuses a divorce, including not responding to the initial divorce summons, the court will still proceed based on the documentation from the spouse requesting the divorce. The refusal to respond will not affect whether Michigan denies your divorce, as they only require one spouse's request to continue. However, if a spouse disagrees on many aspects of the divorce, such as child custody and property division, it can significantly slow down the proceedings. This doesn't mean your divorce will be denied, but it will take longer to resolve the disputes. 

If couples reconcile, Michigan allows them to dismiss their divorce, meaning the filing spouse can withdraw their original petition. In this context, Michigan can deny your divorce request if both parties agree not to proceed with the divorce.